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STATE v. PEREZ

No. 990470-CA.

999 P.2d 579 (2000)

2000 Utah Ct. App. 65

STATE of Utah, Plaintiff and Appellant, v. Daniel Cruz PEREZ, Defendant and Appellee.

Court of Appeals of Utah.

March 9, 2000.

Attorney(s) appearing for the Case

Jan Graham, Attorney General, and Scott Keith Wilson, Assistant Attorney General, Salt Lake City, for Appellant.

Margaret P. Lindsay, Aldrich, Nelson, Weight & Esplin, Provo, for Appellee.

Before JACKSON, Associate P.J., and BENCH, and BILLINGS, JJ.

OPINION

BILLINGS, Judge:

¶1 Defendant Daniel Cruz Perez (Defendant) was charged with damaging a jail, a third degree felony under Utah Code Ann. § 76-8-418 (1999), and bound over to district court for trial. Defendant moved to quash the bindover and to dismiss the charge on grounds that scratching a word on a holding cell door did not constitute "damage" to the jail. The district court granted Defendant's

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